Symposium: (Don’t) Always Look on the Bright Side

Abstract

[Excerpt] "The British comedy troupe Monty Python tells us to “always look on the bright side of life.” Should the same apply to trademark law? That is, should trademark law grant rights to speech that expresses positive viewpoints of individuals or groups, and deny rights to speech that expresses a negative viewpoint? And how, exactly, does one define the bright side? What if bright language has a dark undertone (like the Monty Python song), or if socially critical language is reappropriated in a positive light? Does the law draw parameters in a way that is sufficiently clear? And is any of this really the business of trademark law?"

Publication Date

12-21-2016

Journal Title

Supreme Court of the United States Blog (SCOTUSblog)

Publisher

Supreme Court of the United States

Document Type

Article

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